Bill Start

An act to add Section 6750.1 to the Family Code, and to amend Sections 1308.5 and amend Section 1310 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL'S DIGEST

AB 2388, as amended, Chu.
Employment: minors.

Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor under 16 years of age to take part in certain types of employment. Existing law makes it a crime to employ or for a parent or guardian to permit the employment of a minor in violation of these provisions.

This bill would, with specified exceptions, include employment of a minor in social media advertising, as defined, within the types of employment subject to the written consent requirement. By expanding the scope of a crime, this bill would impose a state-mandated local program.

Existing law exempts from these employment of a minor
provisions the appearance of a minor in a radio or television broadcasting exhibition, if the minor does not receive compensation directly or indirectly, the engagement of the minor is limited to a single appearance lasting not more than one hour, and an admission fee is not charged for the radio broadcasting or television exhibition.

This bill would expand the above described exemption to include digital exhibitions under those conditions.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

The people of the State of California do enact as follows:

It is the intent of the Legislature for this chapter to apply to unemancipated minors who are parties to a contract to provide social media advertising, as defined in Section 1308.5 of the Labor Code.

SEC. 2.Section 1308.5 of the Labor Code is amended to read:

1308.5.

(a)This section, with the exception of paragraph (4) of this subdivision, shall apply to all minors under the age of 16 years. The written consent of the Labor Commissioner in the form of a permit to employ a minor in the entertainment industry is required for any minor, not otherwise exempted by this chapter, for any of the following:

(1)The employment of a minor, in the presentation of a drama, legitimate play, or in a radio broadcasting or television studio.

(2)The employment of a minor 12 years of age or over in any other performance, concert, or entertainment.

(3)The appearance of a minor over the age of eight years in a performance, concert, or entertainment during the public school vacation.

(4)Allowing a minor between the ages of 8 and 18 years, who is by a law of this state permitted to be employed as an actor, actress, or performer in a theater, motion picture studio, radio broadcasting studio, or television studio, before 10 p.m., in the presentation of a performance, play, or drama continuing from an earlier hour until after 10 p.m., to continue his or her part in this presentation between the hours of 10 p.m. and midnight.

(5)The appearance of a minor in any entertainment which is noncommercial in nature.

(6)The employment of a minor artist in the making
of phonograph recordings.

(7)The employment of a minor as an advertising or photographic model.

(8)The employment or appearance of a minor pursuant to a contract approved by the superior court under Chapter 3 (commencing with Section 6750) of Part 3 of Division 11 of the Family Code.

(9)The employment or appearance of a minor in social media advertising. For purposes of this subdivision, “social media advertising” is the use,
demonstration, or placement of a product through a social media
communication pursuant to a contract with a resident of this state for the promotion of that product. This contract may be for any form of engagement, retention, or employment of a minor, either directly or through third persons or a parent or guardian, and includes a contract with an independent contractor. “Social media” has the same meaning as in subdivision (a) of Section 980.

(b)(1)Except as provided in paragraph (2), a person, or the agent, manager, superintendent, or officer thereof, employing either directly or indirectly through third persons, or a parent or guardian of a minor who employs, or permits a minor to be employed in
violation of this section is guilty of a misdemeanor. Failure to produce the written consent from the Labor Commissioner is prima facie evidence of the illegal employment of a minor whose written consent is not produced.

(2)Paragraph (1) shall not apply to either of the following:

(A)A person who contracts with a third person to engage, retain, or employ a minor for social media advertising, as defined in paragraph (9) of subdivision (a), if the contract contains terms of agreement wherein the third person expressly acknowledges and agrees that the contract for the engagement, retention, or employment of the minor requires the signatory on the minor’s behalf to expressly acknowledge and agree to abide by all state and federal employment laws pertaining to the engagement
of minors, including without limitation, Coogan accounts, place of work, and work hours requirements.

(B)A person who contracts with a minor for social media advertising, as defined in paragraph (9) of subdivision (a), by that minor if the services being rendered by the minor are not in any way connected to a motion picture, television series or new media employing the minor and if the contract for the engagement of the minor requires the signatory on the minor’s behalf to expressly acknowledge and agree, to abide by all state and federal employment laws pertaining to the engagement of minors, including without limitation, Coogan accounts, place of work and work hours requirements.

SEC. 3. SECTION 1.

Section 1310 of the Labor Code is amended to read:

1310.

This chapter and Chapter 3 (commencing with Section 1390) do not prohibit or prevent any of the following:

(a) The appearance of any minor in any church, public or religious school, or community entertainment.

(b) The appearance of any minor in any school entertainment or in any entertainment for charity or for children, for which an admission fee is not charged.

(c) The appearance of any minor in any radio or television broadcasting or digital exhibition, if the minor does not receive compensation directly or indirectly therefor, the engagement of
the minor is limited to a single appearance lasting not more than one hour, and an admission fee is not charged for the radio
or television broadcasting or digital exhibition.

(d) The appearance of any minor at any one event during a calendar year, occurring on a day on which school attendance is not required or on the day preceding such a day, lasting four hours or less, if a parent or guardian of the minor is present, for which the minor does not directly or indirectly receive any compensation.

SEC. 4.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.